SCO to claim IBM used unlicensed code in AIX 5L

SCO may escalate its legal battle against IBM after having discovered documents that it says prove that IBM violated SCO licensing terms when it developed the latest version of its AIX operating system.

IBM is alleged to have used Unix code in AIX 5L that SCO had licensed to IBM for "Project Monterey," an effort to build a version of Unix for Intel's Itanium processor.

IBM dropped Project Monterey in 2001 in favour of Linux, but SCO has discovered e-mail that purports to show that IBM used code licensed from SCO for Project Monterey in the development of AIX 5L without a separate licence.

Forbes.com first reported the allegations, attributing them to remarks made by SCO chief executive Darl McBride earlier this week on the sidelines of the company's annual user conference.

A representative of SCO declined to comment, and IBM has yet to respond to invitations to comment.

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